What a fair performance dismissal looks like
You were dismissed for poor performance and want to know if the process was fair.
What makes a performance dismissal fair?
A fair process rests on three things together: a clear standard, a real chance to meet it and honest feedback along the way. A clear standard means you knew what was expected, ideally in writing.
A real chance means reasonable time and support, not a target set to be missed. The employer must still prove just cause once you challenge the dismissal, so gaps in any of the three help you.1
Where do performance dismissals go wrong?
Three failures are common:
- The standard was never clearly communicated before the dismissal.
- The chance to improve existed on paper but was not supported in practice.
- Feedback only appeared after the decision to dismiss had been made.
If a dismissal like this is found unfair, back wages, where awarded, are capped at 24 months for a confirmed employee and 12 months for a probationer.2
How do you check your own situation?
Write down what standard you were told to meet and when. List every piece of feedback you received and when it arrived compared with the final decision.
Consider whether colleagues in similar roles were treated the same way. A process applied only to you, while others with similar issues faced no consequences, is worth raising.
What can a lawyer do with this?
If your employer used an improvement plan, read whether it looked genuine. If you want a lawyer to act, an employment lawyer can weigh these details against your dismissal and take the claim forward if the process fell short.
If you were dismissed for poor performance and want to challenge it, an independent employment lawyer can review the process your employer followed. They can handle the claim if it fell short.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does one bad review justify a dismissal?
Usually not on its own. A fair process involves a pattern of documented issues, a real chance to improve and reasonable warning that the job was at risk, not one review.
Does my employer have to follow their own HR policy exactly?
Their own policy is a useful reference point, and a serious departure from it can support an unfairness argument. It is not the only factor, because fairness is judged on the whole picture.
What if the standards were never made clear to me?
Unclear standards are one of the stronger fairness problems, because it is hard to justify dismissing someone for missing a target they never received. Say so clearly in your account.
Is a dismissal unfair just because I disagree with the assessment?
No. Disagreeing is not enough alone. What matters is whether the process was fair and the standards reasonable, which is a different question from whether you agree with the result.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- Back wages awarded for unfair dismissal are capped at 24 months for a confirmed employee and 12 months for a probationer. DNH
Keep reading
If you were dismissed for poor performance and want to challenge it, an independent employment lawyer can review the process your employer followed. They can handle the claim if it fell short.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.